[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1262.104]



[Page 364-365]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of 

Contents

 

                    Subpart 1262.1_General Provisions

 

Sec. 1262.104  Eligibility of applicants.



    (a) To be eligible for an award of attorney fees and other expenses, 

the applicant must be a ``party'' to the adversary adjudication for 

which an award is sought. The applicant must show that it meets all 

conditions of eligibility set out in this subpart and in subpart 1262.2.

    (b) The types of eligible applicants are as follows:

    (1) An individual with a net worth of not more than $2 million;

    (2) Any owner of an unincorporated business who has a net worth of 

not more than $7 million, including both personal and business 

interests, and not more than 500 employees;

    (3) A charitable or other tax-exempt organizaiton described in 

section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) 

with not more than 500 employees;

    (4) A cooperative association as defined in section 15(a) of the 

Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 

employees; and

    (5) Any other partnership, corporation, association, unit of local 

government, or organization with a net worth of not more than $7 million 

and not more than 500 employees.

    (c) For the purpose of eligibility, the net worth and number of 

employees of an applicant shall be determined as of the date the 

proceeding was initiated.

    (d) An applicant who owns an unincorporated business will be 

considered as an ``individual'' rather than as a ``sole owner of an 

unincorporated business'' if the issues on which the applicant prevails 

are related primarily to personal interests rather then to business 

interests.

    (e) The employees of an applicant include all persons who regularly 

perform services for remuneration for the applicant, under the 

applicant's direction and control. Part-time employees shall be included 

on a proportional basis.

    (f) The net worth and number of employees of the applicant and all 

of its affiliates shall be aggregated to determine eligibility. Any 

individual, corporation, or other entity that directly or indirectly 

controls or owns a majority of the voting shares or other interest of 

the applicant, or any corporation



[[Page 365]]



or other entity of which the applicant directly or indirectly owns or 

controls a majority of the voting shares or other interest, will be 

considered an affiliate for purposes of this part, unless the 

adjudicative officer determines that such treatment would be unjust and 

contrary to the purposes of the Act in light of the actual relationship 

between the affiliated entities. In addition, the adjudicative officer 

may determine that financial relationships of the applicant other than 

those described in this paragraph constitute special circumstances that 

would make an award unjust.

    (g) An applicant that participates in a proceeding primarily on 

behalf of one or more other persons or entities that would be ineligible 

is not itself eligible for an award.



[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12668, Mar. 8, 1995]